A good way to improve good law making in the EU would be to withdraw the vote from those Member States subject to an infringement action on the law under discussion.
For example, take the recently adopted Urban Waste Water Directive.
On 5 November 2024, the Council adopted the proposal.
See link.
According to the Commission’s excellent database, in 2024, there were active infringement cases against 16 Member States (search via here):
3. Ireland
4. Slovakia
5.Greece
6. Romania
7. Poland
10. Cyprus
11. Lithuania
12. Slovenia
13. Hungary
14. Malta
15. Czech republic
16. Spain
If you applied this rule, the thresholds of (1). 55% of member states, and(2). representing at least 65% of the EU population, vote in favour would not be met.
In this case 16 Member States against 11, and 51% against 48% of the population subject to infringement actions.
This would have three obvious side effects:
1. The EU, which has a poor record of implementing the environmental laws it passes, would have to focus on implementing first before moving on to a new level of ambition. This would be a radical first for some Commission departments.
2. Taking away the voting rights on files from countries who have little a dire track record of complying with EU law in that area (if in doubt about the rule of law have a look at the Treaty) could act as an incentive to comply with the Law.
3. Maybe countries who are not complying with the existing law may think harder about voting for new rules on the same file. Or perhaps the infringement action notifications don’t get read by the teams of officials and Ministers doing the negotiations. Maybe they are just blissfully unaware that their country is not even complying with the existing rules.